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2025 DAILYLAW 35124 (PNJ)

BALWINDER SINGH ALIAS BINDA AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/15156/2025 · 2025-04-30

Manjari Nehru Kaul

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 279 CRM-M-15156-2025 Date of decision: 30.04.2025 Balwinder Singh alias Binda and another .....Petitioners Versus State of Punjab and another .....Respondents CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present : Mr. B.D. Sharma, Advocate for the petitioners. Mr. Gautam Thapar, AAG, Punjab for respondent No.1-State. Mr. Pawan Sharma, Advocate for respondent No.2. **** MANJARI NEHRU KAUL, J. (ORAL) 1. The instant petition is for quashing of FIR No.107 dated 10.08.2024 under Sections 115(1), 118(1), 333, 3(5) of BNS, 2023 registered at Police Station Kartarpur, District Jalandhar Rural and all consequential proceedings arising out of the same, on the basis of compromise dated 12.03.2025 (Annexure P-2) arrived at, between the parties. 2. Vide order dated 20.03.2025 of this Court, the parties were directed to appear before the learned Trial Court/Illaqa Magistrate on 27.03.2025 to get their statements recorded regarding the compromise arrived at, between them. 3. Report has since been received from learned Judicial Magistrate 1st Class, Jalandhar, in pursuance of the directions of this VINAY 2025.04.30 17:19 I attest to the accuracy and authenticity of this order/judgment CRM-M-15156-2025 -2- Court, wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the complainant has also made statement to the effect that he would have no objection if the FIR qua the accused-petitioners is quashed. 4. The Trial Court has annexed the statements of the parties in original, alongwith its report. 5. Learned State counsel too submits that there are no other accused other than the petitioners and respondent No.2 is the only aggrieved person in the FIR in question. 6. In view of the report of the learned Judicial Magistrate 1st Class, Jalandhar and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed qua petitioners. 7. Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 30.04.2025 (MANJARI NEHRU KAUL) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2025.04.30 17:19 I attest to the accuracy and authenticity of this order/judgment